DAVID Y. IGE ELIZABETH A. CHAR, M.D. GOVERNOR OF HAWAII DIRECTOR OF HEALTH
STATE OF HAWAII DEPARTMENT OF HEALTH WRITTEN P. O. Box 3378 TESTIMONY ONLY Honolulu, HI 96801-3378 [email protected]
Testimony in SUPPORT of HB1088 HD3 SD1 RELATING TO COSMETICS
SENATOR KARL RHOADS , CHAIR SENATE COMMITTEE ON JUDICIARY
SENATOR ROSALYN H. BAKER, CHAIR SENATE COMMITTEE ON COMMERCE AND CONSUMER PROTECTION
Hearing Date: 4/1/2021 Room Number: Videoconference
1 Fiscal Implications: This measure will impact the priorities identified in the Governor’s 2 Executive Budget Request for the Department of Health’s (Department) appropriations and 3 personnel priorities.
4 Department Testimony: The Department appreciates the opportunity to provide testimony in 5 support of HB1088 HD3 SD1. The Department supports the amendments placed in the Hawaii 6 Revised Statutes (HRS) Chapter 321, which allows county prosecutors the ability to pursue 7 potential violators as provided for in the measure. The regulation of cruelty-free cosmetics are 8 outside the scope of HRS Chapter 328, “Food, Drugs, and Cosmetics”.
9
10 Offered Amendments: None.
11 Thank you for the opportunity to testify on this measure.
12
13
2700 Waialae Avenue Honolulu, Hawaii 96826 808.356.2200 ● HawaiianHumane.org
Date: March 29, 2021
To: Chairs Senators Karl Rhoads and Rosalyn H. Baker Vice Chairs Senators Jarrett Keohokalole and Stanley Chang and Members of the Committees on Judiciary and Commerce and Consumer Protection
Submitted By: Stephanie Kendrick, Public Policy Advocate Hawaiian Humane Society, 808-356-2217
RE: Testimony in support of HB 1088, HD3, SD1: Relating to Cosmetics Thursday, April 1, 2021, 9:30 a.m., Via Videoconference
Aloha Chairs, Vice Chairs and Members of the Judiciary and Commerce and Consumer Protection Committees,
On behalf of the Hawaiian Humane Society, thank you for considering our support of House Bill 1088, HD3, SD1, which bans the import for profit, sale, and offer for sale of any cosmetic in the state if the final product or any component of the final product was developed or manufactured using animal testing performed on or after 1/1/2024.
Hawaiian Humane believes the use of animals for experimentation should be permitted only when there are no feasible alternatives and only when the experiment is believed likely to produce new and substantial information. That is certainly not the case in testing the chemicals used in cosmetics where modern alternatives are cheaper, faster and can better predict human reactions. These animal-free techniques are required in European Union countries as well as a growing number of states, including California, Nevada and Illinois. We support HB1088, HD3, SD1. The provisions of this measure are well vetted, supported by many in the cosmetics industry itself, and include exemptions to address threats to human health.
There is no evidence that any local cosmetics manufacturers will be affected by this law, except that they will no longer have to compete against manufacturers who abuse animals in pursuit of profits. We urge the committee to pass HB1088, HD3, SD1. Mahalo for your consideration.
The Hawaiian Humane Society is dedicated to promoting the human-animal bond and the humane treatment of all animals.
To: Senator Karl Rhoads, Chair Members of the Senate Committee on Judiciary
Senator Rosalyn Baker, Chair Members of the Senate Committee on Commerce and Consumer Protection
In Support Of: HB 1088, HD3, SD1 Date: March 30, 2021 Testimony By: Lindsay Vierheilig, Hawaii State Director, The Humane Society of the United States
Dear Chair Rhoads, Vice Chair Keohokalole, and members of the Committee on Judiciary and Chair Baker, Vice Chair Chang, and members of the Committee on Commerce and Consumer Protection,
Thank you for the opportunity to submit this written testimony on behalf of the Humane Society of the United States and our members and supporters across Hawaii urging the committee to pass HB 1088, HD3, SD1 which prohibits a manufacturer from importing for profit, selling, or offering for sale in Hawaii any cosmetic, for which an animal test was conducted or contracted by or on behalf of the manufacturer, or any supplier of the manufacturer, on or after January 1, 2024.
While we strongly support this measure, we would recommend that the effective date remain January 1, 2022. This gives industry ample to time to comply and has the support of the Personal Care Products Council (PCPC), the largest cosmetics trade association representing approximately 600 companies in the United States.
There is strong corporate support for ending animal testing for cosmetics. HB 1088 has received letters of support from 3 companies based in Hawaii (please see attached): Ao Organics Hawaii (Honokaʻa), O’o Hawaii (Oahu), and Pure Mana Hawaii (Kealakekua). In addition, the Humane Cosmetics Act, federal legislation to end the production and sale of animal-tested cosmetics, has been endorsed by more than 325 individual companies in the cosmetics industry and was also introduced with the full support of the PCPC.
In traditional animal tests, rabbits, guinea pigs, mice and rats have substances forced down their throats, dripped into their eyes, or smeared onto their skin before they are killed. These test methods are unreliable predictors of human safety. Different species can respond differently when exposed to the same chemicals. Consequently, animal tests may under- or over-estimate real-world hazards to people. In addition, results from animal tests can be quite variable and difficult to interpret.
Fortunately, animal testing for cosmetics is completely unnecessary. There are no animal testing requirements for cosmetic safety substantiation in the United States. Companies can already create great products using thousands of available ingredients that have a history of safe use and do not require new testing. For new ingredients where animal testing may currently be used, many non-animal methods have been, and continue to be, developed. Non-animal methods can combine human cell-based tests and sophisticated computer models to deliver human-relevant results at less cost and in less time than the animal tests.
HB 1088, HD3, SD1 contains some exceptions that allow for sale of products with new animal testing under certain conditions including testing: (1) Required by a federal or state agency when there is a specific human health concern and there is no available alternative test or alternative ingredient; (2) Required by a foreign regulatory authority, if no evidence derived from such test was relied upon to substantiate the safety of a cosmetic sold within Hawaii; (3) Conducted on a product or ingredient classified as a drug by the Federal Food, Drug, and Cosmetic Act; and (4) Conducted for non-cosmetic purposes if no evidence derived from such test was relied upon to substantiate the safety of a cosmetic sold within Hawaii without documented evidence that the testing was done to satisfy non-cosmetic testing requirements and the ingredient was in use in a non-cosmetic product for at least 12 months. These limited exceptions recognize the realities of chemical testing laws around the globe while also creating the incentive for cosmetic companies to push for the development and acceptance of additional non-animal test methods.
There has been a global trend toward eliminating cosmetic animal testing. In 2018, California became the first state in the country to ban the sale of cosmetics newly tested on animals followed by Nevada and Illinois in 2019. On March 12, 2021, Virginia became the fourth state to pass such a law and several other states are currently working toward the same. Historically, the European Union (EU) began the trend in 2013 by finalizing a ban on the sale of cosmetics tested on animals, creating the world’s largest cruelty-free cosmetics marketplace. This ban compelled cosmetic companies around the world to end animal testing and invest in the development of non-animal alternatives instead. Similar bans have also been enacted in Israel, Norway, India, and Switzerland and are under consideration in several other countries. In order to sell their products in any of these countries, cosmetic companies must already comply with bans on animal testing.
The Humane Society of the United States respectfully urges the committee to pass HB 1088, HD3, SD1 and help bring about an end to the use of animal testing in cosmetics.
Sincerely,
Lindsay Vierheilig Hawaii State Director The Humane Society of the United States [email protected]
The Honorable Mark J. Hashem Chair, House Committee on Agriculture The Honorable members of the House Committee on Agriculture
Hawaii State Capitol 415 S Beretania St. Honolulu, HI 96813
February 3, 2021
RE: Support HB 1088 and SB 345
Dear Chairman Hashem and the members of the House Committee on Agriculture:
My name is Chelsa Davis and I am the owner, founder, and formulator of Ao Organics Hawai‘i. We are a company located in Honokaʻa that produces natural and organic skincare and body products. We would like to express our strong support of HB 1088 and SB 345 which would prohibit the sale of cosmetic products that have been tested on animals.
As a formulator, I can create innovative products using ingredients that have already been proven to be safe. In addition, for new ingredients, there are many non-animal methods available, which are more relevant to humans, faster and cheaper, that can be used for safety evaluations.
Hawaii has the opportunity to be a leader in creating a cruelty-free cosmetics market. Please support HB 1088 and SB 345.
Thank you.
Sincerely,
Chelsa Davis
PURE MANA HAWAII
The Honorable Mark J. Hashem Chair, House Committee on Agriculture The Honorable members of the House Committee on Agriculture
Hawaii State Capitol 415 S Beretania St. Honolulu, HI 96813
February 3, 2021
RE: Please Support HB 1088 and SB 345
Dear Chairman Hashem and the members of the House Committee on Agriculture:
I am writing on behalf of Pure Mana Hawaii located in Kealakekua. We are a company that produces organic, cruelty-free skincare products. We would like to express our strong support of HB 1088 and SB 345 which would prohibit the sale of cosmetic products that have been tested on animals.
Animal testing for cosmetics is outdated and completely unnecessary. There are thousands of ingredients that have already been proven to be safe that companies can use to formulate new products. In addition, for new ingredients, there are many non-animal methods available, which are more relevant to humans, faster and cheaper, that can be used for safety evaluations.
Now is the time for Hawaii to lead the way in establishing a cruelty-free cosmetics market in the United States. We urge you to support HB 1088 and SB 345.
Thank you.
Sincerely,
Susan Mandini Co-Founder Pure Mana Hawaii
April 1, 2021
Senate Judiciary and Commerce and Consumer Protection Committees
RE: SUPPORT FOR HB1088 HD3 SD 1; RELATING TO COSMETICS
Submitted By: Inga Gibson, Pono Advocacy, on behalf of Cruelty Free International [email protected], 808.922.9910 ______
Dear Honorable Chair Rhoads, Chair Baker and Members of the Committees,
We respectfully urge your support of HB1088 HD3 SD1, which would prohibit the import for profit, sale, and offer for sale of any cosmetic in the State if the final product or any component of the final product was developed or manufactured using animal testing performed on or after 1/1/2022. Effective 1/1/2024.
Modern cosmetic safety testing standards and practices no longer require the use of animals. These new testing methods are also more reliable, effective and efficient. Three states, California, Nevada and Illinois have already enacted this same legislation, along with more than 30 countries. Manufacturers have therefore already discontinued cosmetic testing on animals. This measure would simply formally align Hawaii with this national trend.
Please see below letters of support from the Personal Care Products Council, representing more than 600 cosmetic companies and manufacturers nationwide, and an additional letter of support from The Body Shop, who is one of the hundreds of companies who have long discontinued the sale of cosmetic products tested on animals,
Please note that this bill: DOES NOT prohibit medical or research testing, only testing for cosmetics, and provides additional exemptions to prevent conflict with any federal laws. DOES NOT impact retailers, only manufacturers, who support this bill. No products will need to be removed from shelves or returned to manufacturers as all current products are grandfathered into the bill. We expect full compliance from manufacturers therefore, we do not anticipate any enforcement actions.
Thank you for your consideration of this testimony.
April 1, 2021
Senate Committees on Judiciary and Commerce and Consumer Protection Hawaii State Capitol
RE: Support for HB 1088 HD3 SD1 Cruelty Free Cosmetics
Aloha Chair Rhoads, Chair Baker and Committee members.
On behalf of Cruelty Free International, I am pleased to support HB 1088 Hawaii Cruelty Free Cosmetics Act, which will prohibit cosmetic manufactures from selling any cosmetic in the state if it was developed or manufactured using an animal test performed after the date of enactment.
The legislation makes exceptions for special safety concerns, drugs used in cosmetics, foreign testing requirements, and allows companies to rely on existing data from testing that was done to address regulatory requirements for non-cosmetic purposes under specific conditions. We worked very hard with industry stakeholders to reach an agreement on these points that consider the complexities of the industry while achieving a primary and shared goal of ensuring that cosmetics are not the cause of new animal testing.
Non-animal testing methods spare significant numbers of animals from pain, distress, and death. And crucially, non-animal testing methods have higher relevance for humans compared to tests in animals, and thus to ensure a better protection of human health. Not only do companies have these modern tests at their disposal they also have thousands of existing cosmetic ingredients with histories of safe use and existing safety data that can be utilized without further testing.
Passage of HB 1088 would bring Hawaii in line with nearly 40 countries and now five US states [California, Illinois, Nevada and recently Virginia and Maryland] that prohibit the sale of new animal-tested cosmetics. Moreover, ending animal testing for cosmetics is an is an issue that unites Americans across generations and political affiliations. A 2019 SurveyUSA poll revealed that nearly 8 out of 10 of poll respondents said that they would support a law that would prohibit animal testing for cosmetics. When broken down by self-reported party affiliation 83% of Democrats, 72% of Republicans, and 80% of Independents support or strongly support a law.
History has shown that state activity often leads to changes at the federal level. State efforts on this issue have already and helped inform a way forward for the national approach as the agreements reached on state legislation were adopted into the federal Humane Cosmetics Act. The Hawaii Cruelty Free Cosmetics Act reflects the interests of industry, consumers and animal protection organizations and would make Hawaii one of the first states to create a cruelty free cosmetics market and help to move the rest of the nation in the right direction.
Mahalo,
Head of Public Affairs -North America Cruelty Free International
STATEMENT IN SUPPORT OF CFI/PCPC ANIMAL TESTING BAN AGREEMENT
In 2019, Cruelty Free International1(CFI) and the Personal Care Products Council2 (PCPC) forged a compromise agreement on state animal testing legislation. The model legislation will ban cosmetics products from being sold in states if those products or their ingredients have been tested on animals. The legislation makes necessary exceptions if, for example, the testing is mandated by federal, state or foreign regulators, and allows companies to rely on existing data from testing that was done to address regulatory requirements for non-cosmetic purposes under specific conditions.
Cosmetics and personal care products companies have been strong leaders in the search for and development of alternative cosmetics testing methods for safety assessments, and have worked with regulators in the U.S. and globally to gain acceptance of these methods. For nearly four decades, PCPC member companies have been at the forefront in significantly reducing the use of animals in product safety testing.
The legislation reflects months of discussions between PCPC and CFI, and represents a shared commitment to address the safety of humans and animals, while preserving access to so many products that consumers trust and rely on every day.
The cosmetics industry has long worked toward eliminating the use of animal testing, and this legislation is an effective measure that balances our common goal to make cosmetics animal testing obsolete globally.
Reviewed 1/13/2021
1 Cruelty Free International is the leading organization working to create a world where nobody wants or believes we need to experiment on animals. Our dedicated team are experts in their fields, combining award-winning campaigning, political lobbying, pioneering undercover investigations, scientific and legal expertise and corporate responsibility. Educating, challenging and inspiring others across the globe to respect and protect animals, we investigate and expose the reality of life for animals in laboratories, challenge decision-makers to make a positive difference for animals, and champion better science and cruelty free living.
2 Based in Washington, D.C., the Personal Care Products Council (PCPC) is the leading national trade association representing the global cosmetic and personal care products companies. Founded in 1894, PCPC’s 600 member companies manufacture, distribute and supply the vast majority of finished personal care products marketed in the U.S. As the makers of a diverse range of products millions of consumers rely on and trust every day – from sunscreens, toothpaste and shampoo to moisturizer, lipstick and fragrance – personal care products companies are global leaders committed to product safety, quality and innovation.
January 27, 2021
RE: Strong Support for HB1088 Hawaii Cruelty Free Cosmetics Act
Aloha Speaker Saiki,
The Body Shop is pleased to support the Hawaii Cruelty Free Cosmetics Act (HB1088) HB1088 will prohibit the sale of any cosmetic product that has been tested on animals after the date January 1, 2022 thus bringing Hawaii in line with California, Nevada and Illinois as well as with over 40 countries which already prohibit the sale of new animal-tested cosmetics.
As a company that has relied on non-animal safety tests to ensure our products meet cosmetic safety needs, we have direct experience with the utility and success of these modern approaches. With a plethora of ingredients available that have already been proven safe as well as the growth in modern non-animal safety tests available, there is no reason to test cosmetic products or ingredients on animals. Moreover, we know that being cruelty free is deeply important to our customers.
Eliminating the sale of animal tested cosmetics in Hawaii is a move that is welcomed by our company and one that will help the move the US in the right direction helping to ensure that animals are no longer harmed for the sake of cosmetics anywhere in the world.
We respectfully urge your support for HB1088.
Sincerely,
Nicolas Debray President, Americas The Body Shop
HB 1088, HD3 SD1 RELATING TO COSMETICS Senate Committees on Judiciary and Commerce and Consumer Protection April 1, 2021, 9:30pm State Capitol
Organic 6Natural Aloha Sen. Karl Rhoads, JDC Chair, Sen. Jarrett Keohokalole, JDC Vice Chair, Sen. Corporate Office Rosalyn H. Baker, CPN Chair, Sen. Jarrett Keohokalole, and Committee Members, P.O. Box 1166 Kailua. HI 96734 Down to Earth Organic and Natural testifies in support of HB 1088, HD3 SD1. Phone: (808) 484-5890 Fax; (808)484-5896 [email protected] Down to Earth Organic and Natural has six locations on Oahu and Maui. Since we opened in 1977, we have supported healthy lifestyles and preservation of the Oahu Locations environment by selling local, fresh, organic and natural products, and by promoting a Honolulu 2525 South King Street healthy, plant-based and vegetarian lifestyle. Honolulu. HI 96826 Phone: (808) 947-7678 We are in support of HB 1088, HD3 SD1, banning the import for profit, sale, and offer Fa>c (808)943-8491 hono|u|[email protected] for sale of any cosmetic in the State that was manufactured using animal testing Kailua performed in a cruel manner. 573 Kailua Road Suite 101 Down to Earth has been an all-vegetarian store since our first store opened over 40 Kailua, HI 96734 Phone: (808) 262-3838 years ago. We have become a hub for many Hawaii residents that are compassionate Fax; (808)263-3788 to all animals. We appreciate this opportunity to testify on behalf of these [email protected] community members in support of this bill. Pearlridge 98-211 Pall Momi Street Testing cosmetics on animals involves rubbing the product into the eyes and skin, Suite 950 Aiea, Hawaii 96701 forced feeding, or “lethal dose” tests. The sale of cosmetics that have been tested on Phone: (808)488-1375 animals has been banned in the European Union, Israel, and India, showing that Fan (808)488-4549 there are other alternatives. Additionally, all of the cosmetic and natural living [email protected] products that we sell at our Down to Earth stores are “cruelty-free” and never tested Kapolei on animals. Cruelty-free products are abundant and preferred by many of our 4460 Kapolei Parkway Kapolei. Hawaii 96707 customers. Phone: (808)675-2300 Fan (808)675-2323 Thank you for the opportunity to comment on this bill. [email protected]
Kakaako 500 Keawe St. Alison Riggs Honolulu, HI 96813 Public Policy & Government Relations Manager Phone; (808)465-2512 Down to Earth Fax: (808)465-2305 [email protected] 2525 S. King St., Suite 309 Maui Location Honolulu, HI 96826 Kahului Phone (808) 824-3240 305 Dairy Road Kahului, HI 96732 Fax (808) 951-8283 Phone: (808)877-2661 E-mail: [email protected] Fa)c (808)877-7548 [email protected]
www.clowntoearth.org
Recycled Paper ® HB-1088-SD-1 Submitted on: 3/31/2021 8:01:55 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Testifying for Animal AMANDA HENSON Support No Rights Initiative
Comments:
Thank you for allowing me to testify on behalf of my group, Animal Rights Initiative and its many volunteers and supporters in Hawaii.
Live animals that experience consciousness, pain, fear, and loneliness are subjected to torturous experiments for products that have already been proven to be safe or could be tested in other ways. California, Nevada, and Illinois have already banned the sale of cosmetics that have been tested on animals because this procedure is unnecessary and only causes animal cruelty. Hawaiians do not believe animals should be subjected to such exploitments. If such a test is necessary, we do not want to use the product on ourselves. Hawaii should send the message loud and clear that we will not allow such treatment of our worlds animals. Even China, the country much of the world continues to test on animals for, has recently announced that previously tested safe cosmetics will no longer have to continue to retest in order to sell in their country. With this major barrier lifted, avoiding animal tests is now much easier for companies to sell worldwide.
Please make this easy choice in the name of our holoholona.
Thank you,
Amanda Henson
HB-1088-SD-1 Submitted on: 3/29/2021 10:58:10 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing John D. Smith Individual Support No
Comments:
I support.
HB-1088-SD-1 Submitted on: 3/29/2021 7:18:41 PM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Dale Harrington Individual Support No
Comments:
Please pass this bill.
HB-1088-SD-1 Submitted on: 3/29/2021 7:19:52 PM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing IC Harrington Individual Support No
Comments:
We support this Bill.
HB-1088-SD-1 Submitted on: 3/29/2021 7:21:23 PM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Ilene Cohen Harrington Individual Support No
Comments:
It is heart wrenching to see the experiements done on animals for cosmetics. Please pass this Bill so these experiements will end.
HB-1088-SD-1 Submitted on: 3/29/2021 9:35:12 PM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Susan Eubank Individual Support No
Comments:
In this day and age, so cruel and stupid to use animais for testing for cosmetics.
I support HB1088,HD3.
Thank you!
Susan Eubank
Diamond Head
HB-1088-SD-1 Submitted on: 3/30/2021 8:56:52 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing lynne matusow Individual Support No
Comments:
There are alternatives to testing on animals and if these alterantives are available the testing on animals should not be allowed. We should not make animals suffer.
HB-1088-SD-1 Submitted on: 3/30/2021 10:32:20 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Taurie Kinoshita Individual Support No
Comments:
I strongly support HB 1088. Thank you for your consideration. Sincerely, Taurie Kinoshita, lifetime resident Makiki.
HB-1088-SD-1 Submitted on: 3/31/2021 2:58:03 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Jennifer Chiwa Individual Support No
Comments:
Aloha Chairperson Rhoads, Chairperson Baker, Vice Chairperson Keohokalole, Vice Chairperson Chang and Members of the Committees on Judiciary and Commerce & Consumer Protection.
Please support HB 1088 HD 3 SD 1 relating to cosmetics. This bill supports a ban on animal testing of cosmetics and would be an advancement in animal welfare. Testing of cosmetics should be done on humans who have a choice on being tested. Furthermore, it's my understanding that other techniques of testing already exist that do not involve using animals.
Mahalo!
Jennifer Chiwa
Makiki
HB-1088-SD-1 Submitted on: 3/31/2021 8:29:33 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Ginny Tiu Individual Support No
Comments: aloha, please support HB 1088. These helpless animals suffer as we do. There are more humane and effective ways to produce these products and we shouldn't support and promote those who still use inhumane ways. Thank you very much for your kind consideration. ginny Tiu
HB-1088-SD-1 Submitted on: 3/31/2021 9:56:13 AM Testimony for JDC on 4/1/2021 9:30:00 AM
Testifier Present at Submitted By Organization Position Hearing Testifying for Aloha Sylvia Dolena Support No Animal Advocates
Comments: Please SUPPORT HB 1088. Animal cruelty for any reason is NOT PONO.
Mahalo,
Sylvia Dolena, Co-Founder, Aloha Animal Advocates.